Citations and Deficiencies at Merrill Gardens at Solivita Marketplace

Legal history at Merrill Gardens of Kissimmee

Merrill Gardens at Solivita Marketplace Legal Troubles

Merrill Gardens at Solivita Marketplace has been cited before for resident care violations by state officials. The Central Florida assisted living facility has not been sued in negligence lawsuits under its new ownership. Our Orlando assisted living abuse attorneys explain the public state survey results involving Merrill Gardens at Solivita Marketplace.

Merrill Gardens at Solivita Marketplace Background

Located at 4600 Marigold Avenue, Kissimmee, Florida 34758, Merrill Gardens at Solivita Marketplace is an assisted living facility that advertises fine dining and a variety of activities for residents that “promote[s] social activity, physical movement, and creative engagement.” The facility is currently under new ownership; Tuscan Isle Operating Company, LLC took over the assisted living facility in July 2018.

On August 20, 2019, the facility requested a rule variance regarding its compliance with regulations related to its Emergency Environmental Control plan. The facility was granted additional time until December 31, 2019 to comply with the relevant state regulations.

AHCA Citations at Merrill Gardens at Solivita Marketplace

Read Nursing Home Inspection Reports and ViolationsIn addition, the Florida Agency for Health Care Administration has issued several citations against Merrill Gardens at Solivita Marketplace for its failure to comply with a variety of state and federal regulations.  These deficiency citation reports show inappropriate resident care or supervision at Merrill Gardens at Solivita Marketplace. The three most recent deficiency citation reports are summarized below.

Change of Ownership Statement of Deficiencies dated 4/10/2019

In this 11-page report, AHCA found several deficiencies related to resident care and staff training.

First, a Form 1823 Health Assessment was found to be inaccurate for a resident who required assistance with administration of his medication. The section on the resident’s Form 1823 regarding medication administration was left blank. However, there was a handwritten note that stated “wife will administer to him.” A review of the resident’s Medical Observation Record showed that staff had assisted the resident with taking his medication. The Resident Care Director said that the resident’s wife had requested assistance with his medication and that a healthcare provider’s order had not been obtained. Incorrect or uncharted communication on medication administration can lead to medication errors in long term care facilities.

Another resident’s Form 1823 Health Assessment was also found to be inaccurate as she was noted to be discharged from home health care services after a wound had healed. The resident’s Form 1823 had no record of when the resident’s wound was discovered nor when the doctor was informed of the wound.

The same resident was observed to be spoon-fed her medication by a staff member. The staff member stated that there are days when the resident can take her own medication and there are days when she cannot. On those days, staff help the resident take her medication. The staff member who aided that resident with her medication was not licensed to aid with medication.

In addition, annual reports from a health care provider was not provided for 3 out of 5 sampled staff members. These reports indicate whether a staff member is free from communicable diseases and are required to be obtained yearly. Moreover, 3 out of 4 sampled staff members had not received the requisite training. One lacked documentation showing that she had received pre-service orientation training. Another had certificates for elopement training and incident and adverse reporting, but the certificates were from an on-line service and were not in-service. The third staff member lacked any documentation that she had received in-service training regarding the facility’s elopement policies.

Yet another staff member had no proof in her file that she had undergone a one-time educational course that was required as part of her training.

Observation also showed that a staff member was scheduled to work as a medical technician on the 3pm to 11pm shift. A review of the schedule showed that she worked as the medical technician on several dates. However, this staff member had not received the 6-hour, in-service training regarding assistance with medication. The Administrator stated that she was not aware that the staff member did not have the requisite training.

Oddly, a review of personnel records showed that a staff member had received a certificate for training that was not signed and dated by the instructor. The certificate was on a “Merrill Gardens” certificate, although the training pre-dated the change of ownership. The Administrator stated that they used their current certificates for training that had been done in the past. Another staff member lacked documents that she had been given a job description.

With regard to background screenings for staff members, two staff members had no documents regarding the results of their respective background screenings. Another Merrill Gardens at Solivita Marketplace staff member was listed on the Background Screening Clearinghouse website as having been terminated; however, she was still employed and the Administrator could not explain the dates for that staff member. That staff member also had not received a Level 2 background screening. Two staff members also had no attestations of compliance with background screenings on file.

Further, resident records showed that residents who had received assistance with administration of medication from unlicensed staff members had not signed nor received a consent form regarding that assistance. A review of a resident contract also showed that it did not have a refund policy that conformed to state regulations, as the contract stated that, in the event of hospitalization, the resident will be charged a bed hold fee and an amount to cover reasonable, actual expenses incurred due to the absence.

Finally, the Kissimmee assisted living facility did not have an approved Emergency Power Plan.

Complaint Statement of Deficiencies dated 11/19/2018 at Merrill Gardens at Solivita Marketplace

A review of the Background Screening Clearinghouse showed that it still listed the former Resident Care Director and a former Licensed Practical Nurse as still being employed at Merrill Gardens at Solivita Marketplace, despite the fact that they had terminated their respective employment.

Complaint Statement of Deficiencies dated 10/17/2018 at Merrill Gardens at Solivita Marketplace

The facility did not have an Emergency Environmental Control plan that would allow the facility to maintain power in the event their main source of power is cut off.


From the deficiency reports recently filed, Merrill Gardens at Solivita Marketplace appears to have had issues with its staff. Employees and caretakers that lack the requisite training can directly affect resident care. The facility has also allegedly failed to maintain its records, and has issued certificates of completion for past training that occurred prior to the change of ownership that occurred in July 2018. Nor does the facility have an emergency source of power in the event the facility loses its main source of power, which is a high likelihood given the number of hurricanes that hit Florida every year.

If you or a loved one is a resident at Merrill Gardens at Solivita Marketplace and there has been a serious injury, such as bed sores, broken bones or wrongful death, do not hesitate to contact the attorneys at Senior Justice Law Firm. Our team of experienced attorneys can assist you in investigating an assisted living facility neglect or abuse claim.

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